Hospitality

  • May 26, 2020

    Pittsburgh Restaurant Accused Of Using Virus To Break Lease

    A restaurant slated for a historic downtown Pittsburgh building is using delays caused by the COVID-19 pandemic to break its lease, according to a complaint the landlord filed Tuesday in Pennsylvania state court.

  • May 26, 2020

    NCAA Denies Duty To Protect Athletes From Coach Abuse

    The NCAA asked a California federal judge on Friday to toss a proposed class action over claims it has failed to protect student-athletes from abuse by coaches, saying it has no legal duty to the athletes.

  • May 26, 2020

    Accused PPE Fraudsters Deny NY Price-Gouging Charges

    A pair of accused COVID-19 fraudsters on Tuesday denied price-gouging charges stemming from a purported scheme to resell 1 million personal protective masks at a 50% hike.

  • May 26, 2020

    Justices End SD's Attempts To Tax Sales At Tribal Casino

    The U.S. Supreme Court on Tuesday ended South Dakota's efforts to tax spending by nontribal members at a Native American casino, turning down the state's challenge to an Eighth Circuit holding in favor of the Flandreau Santee Sioux Tribe.

  • May 26, 2020

    Mass. Justices OK Ballot Question To Change Booze Rules

    Massachusetts' high court said Tuesday that a proposed ballot initiative easing restrictions on alcohol sales passes legal muster, paving the way for the question to go before voters in November.

  • May 26, 2020

    Health Exec Says She Was Fired For Raising Virus Concerns

    A former executive for an Illinois nursing home has claimed in state court that she was abruptly fired from her job because she challenged the facility's COVID-19 response whenever it was inaccurate or disregarded regulatory guidance for safely navigating the pandemic.

  • May 26, 2020

    Booking Sites' Bids To Drop Cuban Property Suit Granted

    A Florida federal judge has granted bids by a group of online booking sites to dismiss class action claims by a group of Cuban Americans accusing the companies of unlawfully selling reservations at hotels built on family property that was seized by the Fidel Castro regime.

  • May 26, 2020

    Okla. Gov. Insists Tribal Gambling Compacts Didn't Renew

    Oklahoma's governor is not backing down from his argument that he has the right to renegotiate tribal-state gambling compacts, telling a federal judge in a suit brought by the Cherokee, Chickasaw and Choctaw nations that the compacts didn't automatically renew, as the tribes contend.

  • May 26, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 pandemic found states monitoring scaled back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    Atty Gains Deeper View Of Trust Land Pitfalls As Tribal Leader

    The Ione Band of Miwok Indians has finally succeeded in its yearslong, heavily litigated bid to have the federal government take the California tribe's land into trust for a casino project, but Ione Band Chairperson and Kaplan Kirsch & Rockwell LLP partner Sara Dutschke Setshwaelo's immersion in that process showed just how difficult, expensive and uncertain it can be, she told Law360 in an exclusive interview.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    US Tennis Sued Over College Grad's Head Injury At Stadium

    The U.S. Tennis Association was hit Friday with a negligence suit in New Jersey federal court from a woman alleging she was severely injured by a falling guardrail nearly three years ago while attending her college graduation ceremony at a U.S. Open tennis arena in New York.

  • May 22, 2020

    NJ Co. Asks To Move Texas Hotel Fraud Suit To Fed Court

    An elevator company has asked a federal judge to move a Dallas hotel venture's $1 million fraud suit against it out of state court, saying the state court had already ruled against a local construction firm also named in the case.

  • May 22, 2020

    FINRA Can't Pin $12.5M Promissory Note Fraud On Brokerage

    A three-member Financial Industry Regulatory Authority panel chucked an enforcement action accusing a brokerage firm and its principals of fraudulently selling $12.5 million in promissory notes to prop up a struggling real estate investment business, finding on Thursday that the regulator was short on evidence.

  • May 22, 2020

    Commercial Transactions Partner Joins Lewis Brisbois In Fla.

    Lewis Brisbois has added a new partner in its Fort Lauderdale, Florida, office who brings extensive experience handling a variety of commercial transactions and regulatory matters, especially involving the maritime and cruise industries.

  • May 21, 2020

    9th Circ. Partly Revives Sonic Worker's Sex Harassment Suit

    A split Ninth Circuit panel ruled Wednesday that a trial court wrongly dismissed a claim by a former Sonic franchise worker over sexual harassment and retaliation as "duplicative" during trial, remanding the case for further proceedings and rejecting legal fees that had been awarded to the fast-food chain.

  • May 21, 2020

    Fed. Judge Won't Pause Pa.'s COVID-19 Biz Closure Order

    A federal judge denied a bid by business owners and political candidates to temporarily suspend Pennsylvania's COVID-19 shutdown order, saying his court "will not micromanage public policy in the midst of a pandemic."

  • May 21, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's workers say unsafe practices at some of the fast food giant's restaurants could endanger public health, students are suing over technical issues with online Advanced Placement exams, and the Sixth Circuit held this week that COVID-19-related loans can't be withheld from strip clubs and adult novelty stores. Here's a breakdown of some of the coronavirus-related cases from the past week.

  • May 21, 2020

    Restaurant Consumers Eye Final Settlement OK In TCPA Suit

    Consumers have asked a California federal judge for his final signoff on a $4 million class action settlement to end a suit that claimed a restaurant consulting company violated the Telephone Consumer Protection Act through a text-messaging campaign for quick-service chain A&W.

  • May 21, 2020

    UK Hospitality Co. Wants £1B To Beef Up Finances Amid Virus

    Whitbread Plc, the United Kingdom's largest hospitality company, announced plans Thursday to ask its investors for more than £1 billion ($1.2 billion) to support the restaurant and hotel owner through the coronavirus pandemic.

  • May 21, 2020

    Fla. Hotel Can Sue Tutor Perini For Allegedly Shoddy Work

    A Florida state judge ruled Thursday that the owner of a Fort Lauderdale hotel can sue the hotel's general contractor Tutor Perini for breach of fiduciary duty in a multimillion-dollar dispute over alleged construction defects and unpaid bills.

  • May 21, 2020

    'Unprecedented' Worker Unrest Tees Up Union Surge

    Labor unions have been inundated with calls for help from nonunion workers fearful of contracting the coronavirus on the job, setting the stage for a wave of organizing following decades of declining union membership, labor leaders say.

  • May 21, 2020

    Biz Groups Urge Congress To Enact COVID-19 Liability Shield

    The U.S. Chamber of Commerce and dozens of state and local business groups are urging Congress to enact liability shields for businesses that are reopening amid the COVID-19 pandemic.

  • May 21, 2020

    NY Firm Chided For Playing 'Fast And Loose' In FLSA Case

    A New York federal judge has slapped Troy Law PLLC with a $5,000 sanction after finding the employment firm failed to properly serve defendants in a Fair Labor Standards Act suit multiple times, calling the firm a "repeat player" that has "played too fast and loose" with ethics during the case.

  • May 21, 2020

    Chancery OKs $15.6M Deal Ending SeaWorld 'Blackfish' Suit

    SeaWorld Entertainment Inc. and stockholders secured Delaware Chancery Court approval Thursday for a $15.6 million total settlement ending a suit alleging the company's directors, officers and investors mishandled the fallout from a critical 2013 documentary on SeaWorld's treatment of killer whales and their trainers.

Expert Analysis

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • A Guide To Evaluating And Advertising COVID-19 Products

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    As businesses evaluate products claiming to make workplaces safer during the pandemic, or look at marketing such products themselves, they should be aware of the highly regulated world of disease prevention claims if they wish to avoid enforcement and private litigation, say attorneys at Crowell & Moring.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Traps For The Unwary In Class Actions Targeting PPP Lenders

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    Recent class actions challenging how lenders prioritized Paycheck Protection Program applications or alleging failure to pay agent fees to those facilitating loan applications may be based on the flimsiest of legal theories, however risks still exist, as we saw earlier this month in a Michigan federal court decision, say Richard Gottlieb and Brett Natarelli at Manatt.

  • Opinion

    Fla. Sports Bar's COVID-19 Insurance Claim Should Proceed

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    Florida-based Prime Time Sports Grill's lawsuit seeking insurance coverage for COVID-19 business interruption should withstand Certain Underwriters at Lloyd's of London's motion to dismiss because the insurer's arguments ignore physical loss caused by the pandemic and are not supported by relevant case law, says Micah Skidmore at Haynes and Boone.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • A New Approach To OFAC's Rejected-Transactions Reporting

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    Alexandre Lamy at Baker McKenzie proposes a common-sense framework for nonfinance companies, which in 2019 became subject to the Office of Foreign Assets Control's rejected-transaction reporting requirements, but have received little guidance about how to comply.

  • Fla. Suit Reveals Insurer Defense Against COVID-19 Coverage

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    A motion recently filed in Florida federal court by a Lloyd's insurer seeking to dismiss policyholder Prime Time Sports Grill's lawsuit provides insight into how insurers might argue against coverage for business income losses related to COVID-19, say attorneys at Goldberg Segalla.

  • A Primer On Foreign Judgment Enforcement In Canada

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    Given the expected rise in disputes between U.S. and Canadian companies due to the pandemic, David Ziegler at Fasken Martineau breaks down the factors Canadian courts consider when determining whether to recognize and enforce a judgment from a U.S. or other foreign court.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Bankruptcy's 'Deep Freeze' May Be Struggling Cos.' Best Hope

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    A tsunami of bankruptcy filings due to the economic effects of the coronavirus may not be a bad thing, as it could provide the only way for some struggling companies to stay alive — a minimalist, deep hibernation mode where they can await rescue, says Joseph Moldovan at Morrison Cohen.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • Opinion

    9 Ways To Improve The Paycheck Protection Program

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    The CARES Act's well-intentioned Paycheck Protection Program has problems, and Congress should take steps to better protect small businesses and define several terms that continue to cause confusion, says Samantha Block, a judicial clerk at the U.S. Court of Federal Claims.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

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